QLDIn ForceAct
Child Protection Act 1999
sec.18Child at immediate risk may be taken into custody
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### sec.18 Child at immediate risk may be taken into custody
This section applies if an authorised officer or police officer reasonably believes a child is at risk of harm and the child is likely to suffer harm if the officer does not immediately take the child into custody.
The officer may take the child into the chief executive’s custody.
For subsection (2) , the officer may—
enter the place where the officer reasonably believes the child is; and
search the place to find the child; and
remain in the place for as long as the officer reasonably considers is necessary to find the child.
The officer may exercise a power under subsection (2) or (3) with the help, and using the force, that is reasonable in the circumstances.
The officer must, as soon as practicable, apply for a temporary assessment order for the child.
However, subsection (5) does not apply if an authorised officer applies for a temporary custody order for the child.
Also, the officer may arrange a medical examination of, or for medical treatment for, the child that is reasonable in the circumstances.
Section 97 applies to the medical examination or treatment.
The chief executive’s custody of the child ends on the earlier of the following to happen—
the application for the temporary assessment order or temporary custody order for the child is decided;
8 hours elapses after the child is taken into custody.
s 18 amd 2010 No. 33 s 16
(sec.18-ssec.1) This section applies if an authorised officer or police officer reasonably believes a child is at risk of harm and the child is likely to suffer harm if the officer does not immediately take the child into custody.
(sec.18-ssec.2) The officer may take the child into the chief executive’s custody.
(sec.18-ssec.3) For subsection (2) , the officer may— enter the place where the officer reasonably believes the child is; and search the place to find the child; and remain in the place for as long as the officer reasonably considers is necessary to find the child.
(sec.18-ssec.4) The officer may exercise a power under subsection (2) or (3) with the help, and using the force, that is reasonable in the circumstances.
(sec.18-ssec.5) The officer must, as soon as practicable, apply for a temporary assessment order for the child.
(sec.18-ssec.6) However, subsection (5) does not apply if an authorised officer applies for a temporary custody order for the child.
(sec.18-ssec.7) Also, the officer may arrange a medical examination of, or for medical treatment for, the child that is reasonable in the circumstances. Section 97 applies to the medical examination or treatment.
(sec.18-ssec.8) The chief executive’s custody of the child ends on the earlier of the following to happen— the application for the temporary assessment order or temporary custody order for the child is decided; 8 hours elapses after the child is taken into custody.
- (a) enter the place where the officer reasonably believes the child is; and
- (b) search the place to find the child; and
- (c) remain in the place for as long as the officer reasonably considers is necessary to find the child.
- (a) the application for the temporary assessment order or temporary custody order for the child is decided;
- (b) 8 hours elapses after the child is taken into custody.